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<br />CITY OF SUNNY ISLES BEACH |INVITATION TO BID NO. 19-08-01 6
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<br />implement a rescission of the Bid award without further City
<br />Commission action. The Proposers hereby holds the City harmless
<br />and agrees to indemnify City and covenants not to sue the City by
<br />virtue of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance
<br />required by this Bid without prior written consent of the City
<br />Manager. Any award issued pursuant to the Request for Proposal
<br />and monies which may be due hereunder are not assignable except
<br />with prior written approval of the City Manager. Further, in the
<br />event that the majority Cityship or control of the Contractor
<br />changes hands subsequent to the award of this contract,
<br />Contractor shall promptly notify City in writing (via United States
<br />Postal Service – Certified Mail, Return Receipt Requested) of such
<br />change in Cityship or control at least thirty (30) days prior to such
<br />change and City shall have the right to terminate the contract upon
<br />sixty (60) days written notice, at City’s sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Contractor shall indemnify, hold harmless, and defend the City
<br />of Sunny Isles Beach, it's officers, agents and employees from and
<br />against any claims, demands or causes of action of whatsoever
<br />kind or nature arising out of error, omission, negligent act, conduct,
<br />or misconduct of the Contractor, their agents, servants or
<br />employees in the provision of goods or the performance of services
<br />pursuant to this Bid and / or from any procurement decision of the
<br />City including without limitation, awarding the Contract to the
<br />Contractor.
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<br />1.27 NON-CONFORMANCE TO CONTRACT:
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<br />The City of Sunny Isles Beach may withhold acceptance of, or
<br />reject items which are found upon examination, not to meet the
<br />specification requirements. Upon written notification of rejection,
<br />items shall be removed within (5) calendar days by the vendor at
<br />their own expense and redelivered at their expense. Rejected
<br />goods left longer than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of them as
<br />its own property. Rejection for non-conformance or failure to meet
<br />delivery schedules may result in the Contractor being found in
<br />default.
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<br />1.28 DEFAULT PROVISION:
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<br />In case of default by the Proposers, the City of Sunny Isles Beach
<br />may procure the articles or services from other sources and hold
<br />the Proposers responsible for any excess costs occasioned or
<br />incurred thereby.
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<br />1.29 SECONDARY/OTHER VENDORS:
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<br />The City reserves the right in the event the primary vendor cannot
<br />provide an item(s) or service(s) in a timely manner as requested, to
<br />seek other sources without violating the intent of the Contract.
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<br />1.30 DEFINITIONS:
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<br />Wherever used in these General Conditions or in the other Contract
<br />Documents, the following terms shall have the meaning indicated
<br />which shall be applicable to both the singular and plural thereof:
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<br />Acceptance: Acceptance by the City of the Work as
<br />being fully complete in accordance with
<br />the Contract Documents subject to
<br />waiver of claims.
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<br />Agreement: The written Agreement between the City
<br />and the Contractor covering the Work to
<br />be performed, which includes the
<br />Contract Documents.
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<br />Addenda: Written or graphic instruments issued
<br />prior to the Bid Opening which modify
<br />or interpret the Contract Documents,
<br />Drawings and Specifications, by
<br />addition, deletions, clarifications or
<br />corrections.
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<br />Approved: Means approved by the City.
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<br />Bid: The offer of the Proposers submitted on
<br />the prescribed form setting forth the
<br />prices for the Work to be performed.
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<br />Proposers: Any person, firm or corporation submitting a Bid for
<br />Work.
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<br />Bonds: Bid, performance bond and other
<br />instruments of security, furnished by the
<br />Contractor and their surety in
<br />accordance with the Contract
<br />Documents and in accordance with the
<br />law of the State of Florida.
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<br />Change Order: A written order to the Contractor signed
<br />by the City authorizing an addition,
<br />deletion or revision in the Work, or an
<br />adjustment in the Contract Price or the
<br />Contract Time issued after execution of
<br />the Agreement.
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<br />City: City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida
<br />33160.
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<br />Contract Documents: Contract Documents shall include,
<br />Instructions to Proposers, Contractor's
<br />Bid, the Bonds, the Notice of Award, the
<br />Agreement between the City and
<br />Contractor as well as any addenda
<br />thereto, these General Conditions,
<br />Special Conditions, the Technical
<br />Specifications, Drawings and
<br />Modifications, Notice to Proceed,
<br />Request for Proposal, Insurance
<br />Certificates, Change Orders and
<br />Acknowledgment of Conformance with
<br />the City of Sunny Isles Beach.
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<br />Contract Price: The total monies payable to the
<br />Contractor under the Contract
<br />Documents.
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<br />Contract Time: The number of calendar days stated in
<br />the Agreement for the completion of the
<br />Work.
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<br />Contracting Officer: The individual who is authorized to sign
<br />the contract documents on behalf of the
<br />City’s governing body.
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<br />Contractor: The person, firm or corporation with
<br />whom the City has executed this
<br />Agreement.
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<br />Day: A calendar day of twenty-four hours
<br />measured from midnight to the next
<br />midnight.
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<br />Field Order: A written order issued by the City which
<br />clarifies or interprets the Contract
<br />Documents or orders minor changes in
<br />the Work.
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<br />Modification: Modification means any one of the
<br />following: (a) a written amendment of
<br />the Contract Documents signed by both
<br />parties, (b) a Change Order, (c) a
<br />written clarification or interpretation if
<br />issued by the City, or (d) a written order
<br />for minor change or alteration in the
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